Pomona Council denies businessman's request to sell beer and wine

POMONA - Pomona City Council members this week voted to deny a businessman a request to authorize him to sell beer and wine at service station's convenience store.

Council members voted Monday night 5-2 to deny Thomas Kim's request in which he asked the council to find that the sale of beer and wine from his business at 2488 Reservoir St. was a public convenience or necessity.

Justin Kim, speaking on behalf of his client Thomas Kim, said his client and James Kim, his client's father and the owner of the property, are long-time businessmen who have operated the establishment responsibly.

He added his client is a reserve deputy with the San Bernardino County Sheriff's Department.

The sale of beer and wine is "something the community has asked for," Justin Kim said adding the request was something the Kim family didn't take lightly.

"They're property owners and it's something they take very seriously," Justin Kim said.

As part of his comments Justin Kim said the area where his client's business is located is a low crime area.

But Carrizosa said the reason there is little crime is because the business is in an area with businesses and no homes.

Not far from the Kim's business is a residential area that after a great deal of work on the part of many has experienced a reduction in crime and is improving, she said.

"I don't want this community to go down," Carrizosa said.

Justin Kim said his client was prepared to make improvements to the property that the city's Planning Commission requested.

The Planning Commission approved a conditional use permit authorizing the sale of beer and wine in February.

Justin Kim added his client had plans to invest $1 million to $1.5 million on the property.

Martin said the request should be granted but if crime or other problems resulted after the businessman's was granted the city could begin the process of revoking the permit, she said.

Rothman said the request was one in which a businessman sought to enhance his establishment.

But Councilwoman Ginna Escobar said she had concerns about the establishment being less than one mile in proximity to two schools.

After the vote to deny the request Assistant City Attorney Andrew Jared said a resolution would be brought back to the City Council spelling out the Council's reasons for turning down the request.

The proposed resolution will be presented at the City Council's April 1 meeting, he said after the meeting.

Councilwoman Paula Lantz said after the voter there are number of commercial properties in the city where businesses are not operating but they still have liquor licenses that are in effect and asked how they could be eliminated.

Community Development Director Mark Lazzaretto said the city would have to go through a formal revocation process.

The process has been used to address such an case involving a long closed commercial property downtown.

Rothman asked if a business person later wanted to seek a license would the person need to apply for new license.

Lazzaretto said the process of seeking a new license would have to be followed and would provide the city an opportunity to set conditions that are in line with current needs.